In South Australia (SA) all forms
of Cannabis are totally prohibitied
under the Controlled Substances Act (1984) and amendments.
This includes not just
personal use and cultivation,
but Cannabis used for medicinal purposes - even by the terninally ill!
The government is so
paranoid about hemp, even low-THC industrial hemp is banned.
( This is despite sucessful yields in controlled trials held in 1995-96
in three locations across the state.
The Cannabis Expiation Notice (CEN)
Scheme
aka the "On-the-Spot Fines" system.
South Australia
was the first state in Australia to introduce a "Prohibition
with Civil Penalty" approach in 1986.
Widely known as "decriminalisation",
this is commonly misunderstood to mean "legal"
by nearly half the adult population according to the Governments
own research!
The Act actually
means that small scale offenders are issued with a Cannabis Expiation
Notice (CEN)
or "on-the-spot fine" which if paid within the proscribed
time limit
(either 30 or 60 days)
will not result in a criminal conviction.
Possession:
Of up to 25 grams of Cannabis is a $50 fine
up to100 grams is $150.
Possession of an implement
for using Cannabis is a further $10 fine
if issued in conjunction with another offence, or $50 in isolation.
If the fine is NOT
paid within that time, you will then get taken to court,
(convicted in absentia
if you don't show up)
and have a criminal conviction for drugs recorded against your name
for the rest of your life!
If you are caught in
a public place CENs do not apply
- it is a criminal offence - with a maximum penalty of $500
and a criminal conviction.
(Anecdotal evidence suggests the
police have not been strictly enforcing the letter of the law in these
situations
(eg car parks, parks, walking down the street etc,) and often issue CENs,
but don't count on it!)
Cultivation:
Up until June 1999, you
could cultivate up to 10 plants and only recieve a CEN (on the spot fine)
of $150. This was slashed to 3 plants after the Liberals' sneakily
changed the regulations on 3rd June 1999, in response to a concerted
push by some members of the Police force to portray the CEN system as
having been "exploited by organised crime".
These changes were disallowed
in July 2000 after the sucessful passing of a motion by Labor MLC
Ms Carolyn Pickles with support from other Labor, Democrat, Independents
and a Liberal too,
and the limit reinstated to ten.
This
was changed back to three (3) within weeks by
Police Minister Robert Brokenshire, apparently
under pressure from "senior" Police.
- see clipping below
from "The Advertiser".
By making the changes
via regulation, not legislation, the government again avoided any public
or parliamentary debate, did not have to present a cost-benefit analysis
of the proposal and avoided any consultation with user groups or the wider
community.
See our critique of their
Three Plant
Plan. and why it will just make things worse.
Now the Liberal's with the full (whipped)
support of the Labor party have changed the regulations concerning the
number of plants that are expiable. From 10 to 3 to 1.
Too bad if it's a male, or if you get ripped off a
week before harvest
- it's back to the black market for you!
The government is also trying in a seperate bill to
ban indoor growing
whether using hydroponics or any other growing method.
Proposed fines are up to 10 years jail and/or $10,000
for even one plant!!
Other tough measures are planned to force customers
of hydro shops to show 100 points of ID and/or be licensed. Shop owners
too will be forced to comply with a tough set of new laws to ensure "criminals"
aren't involved in operating the shops.
Don't Send Us Back to the Dark Ages!
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